New quota of reservation in Chhattisgarh, 32% for tribal society, 13% for SC, 27% for OBC and 4% for EWS, bills approved

The new quota for reservation has been decided in the cabinet meeting held on Thursday under the chairmanship of Chief Minister Bhupesh Baghel. The government will give 32% reservation to the tribal class-ST in proportion to their population, 13% to Scheduled Caste-SC and 27% reservation to the largest caste group Other Backward Classes-OBC. At the same time, 4% reservation will be given to the poor of the general category. For this, the cabinet has approved the draft of changes in two bills. Apart from reservation, Bhupesh cabinet has increased the compensation to help the victims.

Giving information about the decision of the cabinet, Chief Minister Bhupesh Baghel said, the draft of the bill to be presented in the special session of the assembly was discussed. It also talks about reservation for Scheduled Castes, Scheduled Tribes, Backward Classes and EWS. The District Cadre reservation was also rejected by the High Court. That too is equally important. Earlier it was given under an order. Now that too will be brought into the act.

Agriculture, Panchayat and Parliamentary Affairs Minister Ravindra Choubey said, “The state government is very serious about the situation that has arisen in the reservation case after the decision of the High Court. The court has canceled it, it should be made effective again through law. For this, the draft of Reservation Amendment Bill-2022 in Public Services and Admission in Educational Institutions Amendment Bill-2022 has been approved.These bills are one- It will be presented in the special session of the proposed assembly on December 2.

Minister Ravindra Choubey said, “The government is repeatedly saying that the government is committed to give reservation in proportion to the population. At the same time, the Supreme Court has also justified giving up to 10% (UP TO) reservation to the poor of the general category.” If it has been done then it will also be followed. The minister did not reveal the reservation ratio before the bill is tabled in the assembly due to legal compulsions. But highly placed sources in the government say it is 32% for ST, 13% for SC, 27% for OBC and general 4% has been fixed for the poor of the class-EWS.

Request to include in the ninth schedule

It is being told that the government is considering passing a resolution along with this bill. In this, the Central Government will be urged to include the reservation law of Chhattisgarh in the Ninth Schedule of the Constitution. Tamil Nadu had sent such a proposal. Karnataka is also doing the same. A senior official said, the inclusion of the Act in the Ninth Schedule has the effect that it cannot be challenged in any court. At present, this is the only way in which reservation can be kept undisputed.

Talk on study report and quantifiable data of three states

In the reservation case, the Bilaspur High Court raised questions on the rationale and basis of increasing the ratio. The government says that it wanted to present the report of the Sergius Minz Committee and the Nankiram Kanwar Committee formed in 2012 in the court, but the court did not allow it on technical grounds. The government had just sent a study team of public representatives and officers to study the reservation model of Tamil Nadu, Karnataka and Maharashtra. Its report was also kept in the cabinet. On the other hand, the Quantifiable Data Commission had given the report after completing the work of survey of other backward classes and general category poor in the population of the state. That too has been discussed. Minister Ravindra Choubey said, these figures and facts have also been made the basis for reservation.

Scheduled caste dispute will increase

Till 2012, the Scheduled Castes were getting 16% reservation in the state. After the change in 2012, it was reduced to 12%. Guru Ghasidas Sahitya Evam Sanskriti Akademi had gone to the High Court to protest against this, but it put its full emphasis on proving the 32% reservation given to the tribal community as unconstitutional. Now the entire reservation roster has been abolished by the order of the High Court. In such a situation, if the government makes 13% reservation in proportion to the population, then the displeasure of the Scheduled Castes may have to be faced. If it is 16%, the government’s argument of giving reservation in proportion to the population will be rejected.

Experts are saying, bringing the bill will not end the danger

Constitutional affairs expert B.K. Manish says, the Bilaspur High Court, in paragraph 81 of its September 19 decision, has called 12-32% reservation for SC-ST illegal on the ground that reservation cannot be given in proportion to the population. It has also said that mere inadequacy of representation, without any other special circumstances, cannot exceed the limit of 50% reservation.

In paragraph 84, the High Court has said that not being able to get a place in the competition for employment or education as compared to the general category is not a special circumstance. In both these comments, the government has declared the performance-presence of SC-ST in PSC, medical, engineering, government services and figures like per capita income, occupation of the head of the family, unnecessary and insufficient.

The Supreme Court has continuously said the same things since 1961 against population proportional representation. It has been told many times that reservation should be given according to the circumstances only after checking the extent or nature of exclusion and making welfare schemes accordingly.

Manish says, until the Supreme Court does not remove these comments of the September 19 decision, the way to give reservation is closed. Legislature can change a decision of the court only by removing its basis and not in any other way. Even if the government gives reservation by bringing a bill, the court will stop it.

What happened in reservation case

In Chhattisgarh, the government had changed the ratio of 2012 reservation. In this, the reservation of Scheduled Tribes was increased from 20 to 32%. At the same time, the reservation of Scheduled Castes was reduced from 16% to 12%. This was challenged by the Guru Ghasidas Sahitya Evam Sanskriti Akademi in the High Court. Later many more petitions were filed.

On September 19, the Chhattisgarh High Court, while giving its verdict on this, canceled the section of the reservation acts of the state, in which the ratio of reservation has been mentioned. Due to this, the system of reservation came in trouble. The result of recruitment examinations has been withheld. Exams were postponed.

For counseling, the government tried to restore the old system before 2012 by issuing a makeshift roster. Meanwhile, five people from the tribal society reached the Supreme Court. The state government has also appealed against this decision. A study team has also been sent to study the reservation system of Tamil Nadu and Karnataka. On November 10, a notification was issued to call a special session of the Vidhansabha.